'Even A Minute Of Illegal Detention Isn't Allowed': Gauhati HC Orders Release Of 'Foreigner' Held Despite Bail Conditions Compliance

The Gauhati High Court today ordered the immediate release of a declared 'foreigner' who was taken into custody on May 25, 2025 and held at the Kokrajhar Holding Centre, despite having been granted bail in 2021 by the HC and consistently complying with all bail conditions, including weekly reporting to his local police station. “…the subsequent detention of the son of the...

Gauhati High Court Directs Temporary Music Teacher To Seek Governor's Discretionary Powers For Qualifying Her Service For Pension

Gauhati High Court: A single judge bench of Justice Robin Phukan dismissed the petition for regularisation filed by a temporary music teacher, after serving for 18 continuous years. The court held that the claim was barred by res judicata as it was already adjudicated previously. However, the court provided another remedy: to approach the Governor to invoke discretionary powers under...

S.482(4) BNSS | 'And' Must Be Read As 'Or'; No Anticipatory Bail If Person Is Accused Of S.65 Or S.70 BNS : Gauhati High Court

The Gauhati High Court recently held that the embargo under Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on granting anticipatory bail will apply to offences either under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.The Court held that the word "and" appearing in Section 482(4) must be read as "or" to give effect to the intention of...

'No Valid Marriage Between Parties': Gauhati High Court Sets Aside Man's Conviction U/S 498A IPC

The Gauhati High Court on Tuesday (June 3) set aside a judgment and order passed by a Trial Court by which it convicted and sentenced an accused under Section 498A IPC, on the ground that there was no valid marriage that could confer upon the victim the status of a 'wife' as required to invoke Section 498A IPC.The single judge bench of Justice Mitali Thakuria observed as follows:“Upon...

[S.187 BNSS] Status Of Hospitalised Arrestee Cannot Remain Unknown, Magistrate Must Verify Through Visit Or VC: Gauhati High Court

The Gauhati High Court, in an order dated June 2, emphasized that in cases where an arrestee is not produced before the magistrate within 24 hours of arrest due to medical urgency, the magistrate must verify the status of such arrestee. The court remarked that even in such cases the magistrate has to, either through a personal visit or video conferencing, verify the status of the arrestee...

Wife Assaulted By Husband Over Doubts On Child's Paternity Due To Skin Complexion, Gauhati High Court Grants Separation

The Gauhati High Court, on Wednesday (June 4), allowed a woman to live separately from her husband, acknowledging her right to maintenance under Section 125 CrPC. The court observed that the wife had sufficient reasons to stay away from her husband, who had unfounded suspicions over their child's fair complexion and subjected her to physical abuse. The bench of Justice Parthivjyoti...

Gauhati High Court Sets Aside Trial Court Order Which Declined To Take School Certificate As Age Proof For Test Of Juvenility

The Gauhati High Court recently set aside an order passed by a Sessions Judge, vide which it refused to accept the school certificate as proof of age for the claim of juvenility by an accused, observing that there were no other documents to support that fact.The single judge bench of Justice Parthivjyoti Saikia noted:“……Section 94 of the Juvenile Justice (Care and juvenile/child in...

Foreigners' Family Must Be Told Of Detainee's Whereabouts: Gauhati High Court Allows Man To Meet Relatives Detained At Assam Holding Centre

The Gauhati High Court, on Wednesday (June 4) permitted a man to meet his two uncles who are stated to be detained in a holding centre in Assam's Kokrajhar area. The court was hearing a writ petition concerning the alleged disappearance of two individuals who were previously declared as foreigners by the Foreigners Tribunal in 2017. The petition was filed by one Torap Ali seeking to know...

Gauhati High Court Seeks State's Response In Plea By Families Of Missing Detainees Allegedly Declared As “Foreigners”

The Gauhati High Court bench of Justices Kalyan Rai Surana and Malasri Nandi on Thursday, issued notice to the State's counsel, directing them to obtain instructions regarding the whereabouts of two residents of Assam's Kamrup district, who have been untraceable since their detention by the Assam Police on May 25, as claimed by their family.The present petition has been filed seeking...

Robust Policy, Regular Training: Gauhati High Court Suggests Measures To Protect Children From Sexual Exploitation

The Gauhati High Court recently issued measures for safeguarding children from the menace of sexual violence and exploitation. The single judge bench of Justice Kaushik Goswami observed:“…under the Constitution of India, it is the obligation of the state to protect children. I cannot also be unmindful of the fact that children due to their tender age are often vulnerable to sexual...

Gauhati Hill Cutting Row: High Court Flags Rising Flood Menace, Asks State To File Action Taken Report

The Gauhati High Court on Monday (May 26) directed the Assam Government to furnish a detail report regarding the measures taken by the Administration in pursuance to the report submitted by the Agency which has been hired for suggesting a plan for tackling flood menace in the Guwahati City.The division bench comprising the Chief Justice Vijay Bishnoi and Justice Kardak Ete was hearing a...

Gauhati High Court Rejects PIL Seeking 'Compulsory Castration' Of Rape Convicts

The Gauhati High Court has dismissed a PIL seeking direction to the Assam Government to bring in laws to introduce the punishment of compulsory castration of individuals involved in the crime of gang rape, rape and murder along with rape of minors, to make such punishment deterrent against heinous rape crimes, among other prayers. The Court observed,“Having heard the learned counsel for...